Apple has entered the results a consumer study into evidence which indicates that up to 37 percent of users surveyed confused Samsung's mobile designs with Apple's iconic products.

Kent Van Liere, a survey research expert called as a witness by Apple, testified that in two studies comparing smartphones and tablets, there was significant user confusion between the products Samsung developed and Apple's iPhone and iPad, according to trial report by Josh Lowensohn for CNET.

In a study of tablets which presented users with videos of both Samsung-branded and unbranded versions of the Galaxy Tab 10.1, 6 percent said the branded version could be confused with Apple, while 19 percent said the same of the model with no branding.

Samsung's attorneys challenged the studies, arguing that they did not ask if respondents would actually purchase the devices, did not put the devices into the hands of users, and did not also compare similar tablet devices from LG or Motorola.

Looking at a picture or a video and looking at one in a store are two very very different things. That is what should matter because that is when the purchase is made.

You are assuming that all of those people would actually pick up the phone and play with it before they bought it, it sounds logical to you and me, but its clear that the general consumer is not all that bright.

When researchers asked participants if red M&Ms tasted better then the blue M&Ms, 38% were confused as to which were the Red M&Ms. 56% said the red M&Ms tasted much better. 5% said, "There are blue M&Ms?" Half of those questioned said there were a lot of W&Ws mixed in with the M&Ms.

"That (the) world is moving so quickly that iOS is already amongst the older mobile operating systems in active development today." — The Verge

I love AAPL, I do. But to believe that 37% of the American population is too stupid to read "SAMSUNG" on the front of the screen (or on the packaging) is absurd. Put both out on a rack, tell people you'll give them $1 if they choose the iPad, and I bet you 99% get it right. If Samsung were selling north of 37% of the total tablets I might start to believe a statistic, but this is truly ridiculous.

I love AAPL, I do. But to believe that 37% of the American population is too stupid to read "SAMSUNG" on the front of the screen (or on the packaging) is absurd. Put both out on a rack, tell people you'll give them $1 if they choose the iPad, and I bet you 99% get it right. If Samsung were selling north of 37% of the total tablets I might start to believe a statistic, but this is truly ridiculous.

I dislike this argument, as it's basically a straw man. Obviously people can read (well, most can). However, what makes you think they aren't under the impression Samsung makes the iPad? Remember, most people's technological experience is based on a culture of Windows, where you can buy a "Windows PC" from Dell, Acer, HP, etc. and they're all basically the same.

Other counter arguments include the fact that the majority of people are not technophiles. "iPad" is already becoming a ubiquitous term like "Kleenex" and many people associate it with tablets in general. To make matters worse, Samsung seems to have purposely done everything they can to make their competing device look as much as possible like an iPad: everything from the look of the hardware, the icons, their arrangement, and even the packaging. This can lead a uninformed consumer to feel its the "same" as an iPad (especially with a store sales rep schilling for Android). This eliminates a lot of Apple's differentiation; while this in and of itself is not illegal, if it is done by violating protected intellectual property, it is illegal.

Samsung's attorneys challenged the studies, arguing that they did not ask if respondents would actually purchase the devices, did not put the devices into the hands of users, and did not also compare similar tablet devices from LG or Motorola.

Pardon my ignorance, but why would these things matter in this situation?

I love AAPL, I do. But to believe that 37% of the American population is too stupid to read "SAMSUNG" on the front of the screen (or on the packaging) is absurd. Put both out on a rack, tell people you'll give them $1 if they choose the iPad, and I bet you 99% get it right. If Samsung were selling north of 37% of the total tablets I might start to believe a statistic, but this is truly ridiculous.

I love the Cadillac Escalade, I do. But to believe that 37% of the American population is too stupid to see the "V" logo on the front of the grille is absurd:

Pardon my ignorance, but why would these things matter in this situation?

The survey respondents were shown videos of the devices rather than the devices themselves, and the views restricted to front/side. IMO it would have garnered fewer challenge questions if they had used actual devices in the survey rather than pictures of them. I imagine that by using pictures then the scale of those devices are taken out of play as well as avoiding inapplicable rear views, perhaps reasons to avoid showing the real phones themselves. By the way, the control device for the tablet comparisons? A B&N Nook, which was also confused for an iPad by a a quarter of those surveyed.

The survey respondents were shown videos of the devices rather than the devices themselves, and the views restricted to front/side. IMO it would have garnered fewer challenge questions if they had used actual devices in the survey rather than pictures of them. I imagine that by using pictures then the scale of those devices are taken out of play as well as avoiding inapplicable rear views, perhaps reasons to avoid showing the real phones themselves. By the way, the control device for the tablet comparisons? A B&N Nook, which was also confused for an iPad by a a quarter of those surveyed.

Hence the idea that it was doctored to lead people to think what they want them to think. Only by seeing all sides of a story, and argument or a product can you really make an accurate judgement, which is what normal consumers do. They don't look at one picture and say, "here's my money, let me have whatever that is cause it looks cool in this angle."